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Appeal Restored Before NGT Against Environmental Clearance Granted to Vishakapatnam Greenfield International Airport by SC [READ JUDGMENT]

Lawstreet Journal 4 Mar 2021 10:41pm

Image courtesy: Lawstreet Journal Judiciary Appeal Restored Before NGT Against Environmental Clearance Granted to Vishakapatnam Greenfield International Airport by SC [READ JUDGMENT]

The Supreme Court in a case titled ‘Sridevi Datla v. Union Of India’ set aside an order of National Green  on Monday which dismissed an appeal filed against the grant of environmental clearance for construction of the Greenfield International Airport, Bhogapuram, Vishakapatnam.
 

The NGT, to dismiss the appeal filed by Sridevi Datla, had refused to condone the delay. The delay was sought to be condoned on the ground that the clearance and related documents were voluminous and the matter required some technical expertise, requiring the papers to be forwarded to experts and lawyers in Delhi, and the inter se communication delay.

QUESTION BEFORE THE COURT:

The question before the Apex Court bench comprising Justices L. Nageswara Rao and S. Ravindra Bhat was whether the approach to the issue of limitation by the NGT was correct, and whether on a correct interpretation of law, the appeal under Section 16 was filed within the 90 days period, in the facts of the case.

OBSERVATIONS OF THE COURT:

Provisions of the Limitation Act are inapplicable

The bench agreed with the contention of the Centre that by virtue of Section 33 of the Act, the provisions of all other laws stand overridden and consequently, the question of extending the period of limitation by reference to Section 5 of the Limitation Act would not arise. 

"There can be no dispute that the period of limitation set out in a special law, which provides for remedies and appeals, has to be construed in its terms and without reference to the Limitation Act, if it… Continue Reading...


Tagged: Supreme Court of India  
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